Delhi High Court
Master Vipul Yadav & Anr. vs Ms T Shrivastava & Ors. on 7 August, 2020
SINDHU KRISHNAKUMAR
08.08.2020 18:36
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 7th August, 2020
+ CONT.CAS(C) 379/2020 & CM APPLs. 17288/2020, 17289/2020
MASTER VIPUL YADAV & ANR. ..... Petitioners
Through: Mr. Khagesh B. Jha & Ms. Shikha
Sharma, Advocates
versus
MS T SHRIVASTAVA & ORS. ..... Respondents
Through: Mr. Kamal Gupta, Advocates for R-
1&2 (M-9810988094)
Mr. Santosh Kumar Tripathi, ASC for
DoE
Mr. Ashwini Kumar Singh, Advocate
for R-4
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been held through video-conferencing.
2. This contempt petition has been filed by two minor children through
their father. The Petitioners i.e., the children are students of Richmond
Global School, Mianwali Nagar, Paschim Vihar, New Delhi (hereinafter
'School'), studying in class 5 and class 7.
3. They had earlier filed a writ petition being W.P.(C) 4402/2020 in
which the allegation was that the School had hiked its fee without any basis.
In the said writ petition, order dated 21st July, 2020 was passed wherein the
following directions were issued:
"6. In view of the fact that the online classes are
continuously being held by the School and the
Petitioners are students of class 5 and class 7, if
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Signing Date:08.08.2020 16:55
they are not allowed to attend classes the injury
will be irreparable. The stand of the Petitioners is
that without any notice to them the access to the
portal was blocked. Prima facie, this Court is of
the opinion that the careers of children is
paramount and since Ld. Counsel for the
Petitioners submits that they are willing to deposit
the fees payable as per the Circular of the
Government, it is directed as under:
i) Upon service of this order, access to the
School portal shall immediately be given to the
Petitioners so that they can attend the online
classes;
ii) In terms of the circular dated 18th April,
2020, the School shall intimate the Petitioners as
to how much fee is payable up to date within a
period of one week;
iii) Upon receipt of the said information, the
Petitioners shall deposit the fee in the School
within one week thereafter. During this entire
period, access to online classes shall not be
stopped to the Petitioners;
iv) The Petitioners shall be permitted to
participate in all the activities of the School which
are being conducted through virtual/online classes
without any hindrance whatsoever."
4. The writ petition was kept pending and is now stated to be listed on
8th September, 2020.
5. The present contempt petition was filed on the ground that despite
notice being served and the order being served on the e-mail of the School,
the Petitioners were not allowed to access the online classes. The
outstanding fees due from the Petitioners was also not communicated to
them. Notice was issued in the contempt petition to the Principal and
Chairman of the school through the SHO of the concerned area and the
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matter is listed today.
6. Mr. Kamal Gupta, ld. counsel appears for the school along with the
Principal - Ms. T. Shrivastava. At the outset, Ms. Shrivastava expresses her
regret on the non-compliance of order dated 31st July, 2020. The justification
given by the School is that the current Principal assumed charge on 14 th
May, 2020, however, on 30th May, 2020 she moved to Kolkata due to her
father's illness. Her father passed away on 6th June, 2020. It is further
submitted that the Private Secretary to the Principal had also resigned in
March, 2020 and due to the lockdown, a new Private Secretary had not been
appointed. When the new Private Secretary was appointed, the college email
was restored and it was only then that the Principal came to know about the
order of this Court.
7. It is submitted that as of 2nd August, 2020, both students have been
given the link for their online classes and other activities. The outstanding
fees has also been communicated to the Petitioners and the same has in fact
been deposited as of yesterday.
8. After hearing the submissions of the parties, there appears to be a
clear lapse by the School in not accessing their e-mails during this entire
period and not complying with the order passed by this Court. However,
since the Principal has suffered a personal tragedy, the contempt against the
Principal and the Chairman is discharged. Further considering that the
Petitioners were forced to litigate, initially by filing a writ petition and
thereafter a contempt petition, the School shall waive one months' tuition
fee of the Petitioners.
9. If the students have missed any examinations or class tests, etc. the
School shall make appropriate arrangements for the students to take re-
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examinations or re-tests so that they do not suffer in any manner. All the
course material as supplied to other students shall also be supplied to the
Petitioners within a period of one week.
10. The contempt petition is disposed of with the above directions. All
pending applications are also disposed of.
PRATHIBA M. SINGH
JUDGE
AUGUST 07, 2020
Rahul/T
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Signing Date:08.08.2020 16:55
